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FLORIDA POWER & LIGHT CO. v. ATLANTIC, GULF & PACIFIC CO.

No. 5733.

38 F.2d 948 (1930)

FLORIDA POWER & LIGHT CO. v. ATLANTIC, GULF & PACIFIC CO.

Circuit Court of Appeals, Fifth Circuit.

March 15, 1930.

Attorney(s) appearing for the Case

George W. Bassett, of St. Augustine, Fla., for appellant.

E. J. L'Engle, J. W. Shands, and E. McCarthy, Jr., all of Jacksonville, Fla., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.

BRYAN, Circuit Judge.

This was an action by appellant on a contract in writing, by which appellant promised to supply and appellee promised to accept and pay for the electric power required for the operation of appellee's dredging plant. The contract, which was dated January 12, 1926, called for a minimum of 1,000 H. P. monthly at $4 per H. P. for a term of one year "from the date of first rendering service hereunder, which date shall be definitely set by a supplementary...

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